Indian law and American law are different. The Violence Against Women Act is protect victims of domestic violence, and offers specific protections for people without legal status in the US. VAWA also protects men and children who are victims of domestic violence.If you are afraid of your husband or think they may hurt you, you can go to the court or the police to ask for a restraining order. When you contact police about domestic violence, their duty is to protect you from your abuser.
Please do remember that who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.
If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Welfare of child is paramount consideration in the case of custody.
A H4 visa is issued to dependent family members of H1 visa holders who would like to accompany the H1B visa holder to the U.S. during their stay. So you have 2 options 1. Come to India without approaching any court in US or 2. File a custody application and take permission from the court to travel with children. If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court. So the choosing of second option may trouble when you are living from US if your husband approach the same court and you are not return to US
When you reach at you home town you file complaint against husband and seek protection order from the court under DV act.